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2023 Supreme(Del) 5954

REKHA PALLI
Jogesh Khurana – Appellant
Versus
State – Respondent


Advocates appeared:
Mr.Raman Kapur, Sr.Adv. with Mr.Varun Kapur, Adv., for the Petitioner.
Mr.Faiyaz Hasan, Adv., for the Respondent.

ORDER

Rekha Palli, J.

1. The present petition under Section 276 of the Indian Succession Act, 1925 (hereinafter referred to as the 'Act') seeks grant of probate/letters of administration of the 'Will' dated 10.01.2006 of late Ms. Chhabi Mongia(hereinafter referred to as 'the Testatrix').

2. The petitioners besides being executors of the will are also two of the beneficiaries under the 'Will'.

3. It is claimed by the petitioners that the testatrix was ordinarily residing at Flat No.110, Munirka Vihar, New Delhi. It is the petitioner's case that though the testatrix was married, she did not have any children and her husband late Sh. Mukand Lal Mongia had pre-deceased her. Furthermore, even her parents had pre-deceased her and, therefore, it is only the six nephews and nieces of her late husband who are her near relations.

4. The six legal heirs of the testatrix's late husband have been set out in the list of near relations filed along with the petition. The petitioner no. 2 is one of the nephews of the testatrix's husband, his other nephew and Mr. Surinder Mongia, and one niece Mrs.Anita Nangia, have given their no objection for grant of probate/letters of administration in favour of the

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